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Environmental Governance Update JANUARY TO MARCH 2022

Introduction

The United Nations Environment Programme (UNEP) is the leading global environmental authority that sets the global environmental agenda, promotes the coherent implementation of the environmental dimension of sustainable development within the United Nations system, and serves as an authoritative advocate for the global environment. This newsletter is produced by UNEP’s Law Division, which is the lead Division charged with carrying out the functions of UNEP in the field of environmental law, governance, and related policy issues, including those related to Multilateral Environmental Agreements (MEAs).

The activities contained are from January to March 2022 in the following work streams of environmental law and governance:

  1. Environmental Rule of Law
  2. Human Rights and the Environment
  3. Multilateral Environmental Agreements: Implementation and Compliance
  4. Institutional Strengthening

In the first quarter of 2022, the Law Division contributed to the organisation and successful conclusion of the Fifth session of the United Nations Environment Assembly (UNEA 5.2) held from 28 February to 2 March 2022, and the first Special Session of the United Nations environment Assembly to commemorate 50 years since establishment of UNEP (UNEP@50) from 3 March to 4 March 2022, at the United Nations Office in Nairobi. The Division led the development of UNEP@50 Report on future of science-policy interface that was launched during UNEP@50.

UNEA 5.2 delivered various outcomes towards strengthening environmental rule of law, including taking steps towards negotiating a treaty on plastic pollution, and initiating a process towards establishing a science-policy panel on chemicals and waste and preventing pollution.

The Law Division also took a lead role in the Leadership Dialogue on Multilateral Environmental Agreements (MEAs) at UNEA 5.2, as well as the Leadership Dialogue on “Looking Back: 50 Years of UNEP”, and adoption of a political declaration reinforcing the role of the Fifth Montevideo Environmental Law Programme in the progressive development of environmental law, at UNEP@50. The team was also engaged in several key associated events, delivering on the role of faith leaders and faith-based organisations in promoting environmental governance. Read more updates below.

ENVIRONMENTAL RULE OF LAW

Environmental rule of law strengthened through intergovernmental meetings: UNEA, UNEP@50, Stockholm+50

  • At UNEA 5.2, Member States adopted a resolution reaffirming the need to prevent plastic pollution and its adverse risks to human and environmental health. The resolution called for the convening of an Intergovernmental Negotiating Committee (INC) to spearhead preparation of a new international legally binding instrument on plastic pollution. Read the resolution here.
  • At UNEP@50, Member States adopted a political declaration mandated under UN General Assembly resolution 73/333. The political declaration includes important provisions that reinforce the role of UNEP in strengthening international environmental law and governance. The declaration includes reference to the Human Rights Council resolution 48/13 recognizing the right to a healthy environment and a call to increase support from Member States for the success of the Fifth Montevideo Programme on the Development and Periodic Review of Environmental Law. Read the political declaration here and the UN General Assembly resolution 73/333 here.
  • A Faith for Earth Dialogue was held virtually from 21 February to 4 March 2022, as part of UNEA 5.2, including 24 sessions that addressed 24 critical themes and priorities of the Faith for Earth Initiative. Six hundred and eighty participants were involved in a range of issues informing the discussion about the ethical crises underpinning the triple planetary crisis including practical implementation of the Faith for Earth Coalition. These efforts are aligned with the theme, ‘Only One Earth’ for World Environment Day on 5 June 2022 which calls for collective, transformative action on a global scale to celebrate, protect and restore our planet. An overview of the Faith for Earth Dialogue at UNEA 5.2 is available here.
  • Stockholm+50 is an international meeting convened by the United Nations General Assembly to be held in Stockholm, Sweden from 2 to 3 June 2022. A one-day preparatory meeting was held at United Nations Headquarters in New York on 28 March 2022 for Stockholm+50. The Stockholm meeting aims to accelerate the implementation of the UN Decade of Action to deliver the Sustainable Development Goals, including the 2030 Agenda, Paris Agreement on climate change, the post-2020 global Biodiversity Framework, and encourage the adoption of green post-COVID-19 recovery plans. Read more.
  • In January 2022, representatives from UNEP’s Faith for Earth Initiative, the World Council of Churches, FaithPlans, Faith Invest, the Church of Sweden, Brahma Kumaris, PMU Sweden, and others, met to discuss and coordinate the engagement of faith actors in Stockholm+50 and advance Faith for Earth’s role in the international meeting, organizing side events, issuing statements, highlighting faith perspectives and conducting workshops.
  • The Faith for Earth Initiative is working with the Secretariat for Stockholm+50, the United Nations University Centre for Policy Research, and the Government of Canada’s International Development Research Centre to support the Reimagining the Human-Environment Relationship Initiative by contributing as a thought leader to their publication on Religion and Environment, providing alternative perspectives and reflections to encourage participants at Stockholm+50 to think broadly and critically about this unique implementing opportunity.
  • Advance versions of two EMG reports providing a UN system-wide perspective to the Stockholm+50 International Meeting, were made available ahead of the Preparatory Meeting on 28 March 2022. The report, Delivering on the vision of the 1972 Stockholm Declaration and achieving the 2030 Agenda for Sustainable Development, summarizes reflections in the UN system on achievements and challenges encountered in addressing the environmental agenda since the 1972 Stockholm Conference and commitments towards accelerating mandates and actions to address the planetary crises. The report, The Impact of the Stockholm Conference on the UN System: Reflections of 50 Years of Environmental Action Interim Report, synthesizes the perspectives shared by the Heads of 33 programs, funds, specialized agencies and MEAs through interviews or written submissions.

Looking forward on environmental rule of law

UNEP will host the in-person segment of the First Global Meeting of National Focal Points for the Fifth Montevideo Environmental Law Programme, from 6 to 9 June 2022 at the United Nations Office in Nairobi. This segment of the First Global Meeting will include discussions on priority areas for implementation under the programme and developing a strategy for stakeholders and partner engagement under the programme. Read more

HUMAN RIGHTS AND THE ENVIRONMENT

Human rights obligations related to the environment to protect people and the planet advanced at a global level.

  • UNEP shared how it supports environmental human rights defenders during a side event at UNEA 5.2. The event, on “Protecting Earth Protectors”, raised awareness among Member States and civil society representatives, on how increasing pressures on environmental defenders threaten peace, human rights and environmental protection and limit opportunities to achieve long-term sustainability. The event discussed measures to secure the space for environmental rights defenders to play their roles freely and safely. Read more.
  • UNEP launched an Introductory Course on Climate Rights Litigation, a new e-learning course on InforMEA. The course focuses on climate litigation to address climate change and trigger stronger climate action from governments. The six lessons offer a comprehensive presentation of climate-specific rights, as well as more general human rights that have been invoked to protect the environment and hold governments accountable for their lack of action or inactions. The course explains the role of litigation premised on human rights in addressing climate change and gives examples of cases challenging policies and projects brought before national, regional, and international jurisdictions.
  • The Human Rights Council appointed Mr. Ian Fry, of Tuvalu as the first mandate holder to be the Special Rapporteur on the promotion and protection of human rights in the context of climate change. This was a key outcome of the 49th Session of the Human Rights Council held in Geneva and in hybrid-online format from 28 February to 1 April 2022. The Human Rights Council established the mandate in October 2021 at its 48th session under resolution 48/14. More information on the mandate and the election process can be found here.
  • Also at the 49th Session of the Human Rights Council, the Special Rapporteur on human rights and the environment (SR Environment) and the Special Rapporteur on toxics and human rights (SR Toxics) presented a joint report identifying a non-toxic environment as one of the substantive elements of the right to a safe, clean, healthy, and sustainable environment. Read the full report here.

UNEP increases access to information on human rights and environment in Asia and the Pacific

  • UNEP shared knowledge on trends across Southeast Asia following a rapid assessment in 2020 of COVID19 and Impacts on Environmental Human Rights Defenders and Environmental Protection, released in March 2022. The report examines positive and negative impacts of the decrees, laws and other government policies on environmental rights that were either enacted in response to COVID-19 or passed during the pandemic. The rapid assessment covers the implications of these new rules and laws for Southeast Asian countries’ environmental protection measures and for environmental human rights defenders. Read more
  • UNEP increased access to information on environmental rights for children across the Association of Southeast Asian Nations (ASEAN) through translating the Principles and Policy Guidance on Children’s Rights to a Safe, Clean, Healthy and Sustainable Environment in the ASEAN Region in 9 regional languages - Thai, Vietnamese, Bahasa, Lao, Burmese, Filipino, Malay, Khmer, and Cebuano. Read more
  • UNEP disseminated information about its work to support environmental human rights defenders during a side event on “Ensuring the Participation of Environmental Human Rights Defenders to Achieve the Sustainable Development Goals (SDGs) towards Development Justice” at the Asia Pacific Forum on Sustainable Development 2022 on 31 March 2022. Watch a recording of the side event here.

Looking forward on human rights and environment

  • UNEP continues to support the Committee of the Rights of the Child (CRC) through an Expert Advisory Board which oversees and provides guidance to the development of the drafted General Comment on children’s rights and the environment with a special focus on climate change. The Committee will convene a series of online and in-person consultations with State parties, experts from relevant fields, children, and youth to inform the discussions. Read more.
  • In celebrating Earth Day in April 2022, the Wikimedia Foundation, UN Human Rights, UNEP, and United Nations Children's Fund (UNICEF) are hosting a special edition of #WikiForHumanRights, focused on the right to a healthy environment. The campaign runs from 15 April to 15 May 2022. UNEP supports the development and management of the campaign through partnership with the United Nations Human Rights Office of the High Commissioner (OHCHR). Read more
  • In June 2021, the Heads of United Nations Entities, including UNEP, released a joint commitment promoting the right to a healthy environment for children, youth, and future generations. UNEP has launched an online survey to contribute to identifying gaps and establishing plans for implementing the joint commitment. You can read more about this initiative here. Fill in the survey by 30 June below:

MULTILATERAL ENVIRONMENTAL AGREEMENTS: IMPLEMENTATION AND COMPLIANCE

Multilateral Environmental Agreements spotlighted at UNEA5.2 and UNEP@50.

  • UNEP’s Law Division contributed to developing the UNEP@50 report on the Science Policy Interface that formed the basis of discussions during UNEP@50 and the leadership dialogues. The report called for science to be transformed into actionable tasks and deployed with a renewed Science-Policy Interface. Working closely with other UNEP divisions and partners, the Law division will contribute to the future work of science policy interface at UNEP, including on evidence-to-policy tracking.
  • The Law Division, through the African Elephant Fund (AEF) Secretariat, organized an exhibition that ran from 28 February to 4 March 2022 highlighting UNEP’s work on wildlife conservation during UNEA 5.2 and UNEP@50. This was to mark World Wildlife Day which is annually observed on 3 March.
  • The exhibition highlighted UNEP’s efforts towards addressing wildlife conservation challenges by creating awareness on the work being undertaken by the Convention on International Trade in Endangered Species of Wildlife Fauna and Flora (CITES), the Convention on the Conservation of Migratory Species of Wild Animals (CMS), and the AEF Secretariat which are hosted by UNEP. CITES, CMS and AEF work with member States to sustainably manage wildlife and restore their habitats in line with national and international laws.

UNEP makes strides in support to mercury meetings and on sustainable development

  • As part of UNEP@50, the Law Division convened an online side event on the role of Science Policy Interface in strengthening implementation of Minamata Convention, on 8 March 2022 ahead of the Minamata Convention Conference of Parties (pre-COP). The Science-Policy interface has for the past 50 years played a crucial role in informing action such as the global mercury assessment, which informed the development of the Minamata Convention on Mercury. Watch a recording of the side event below.
  • UNEP provided support to the secretariat of the Minamata Convention during the second segment of the fourth meeting of the Conference of the Parties to the Minamata Convention on Mercury, held from 21 March to 25 March 2022 in Bali, Indonesia. The Conference of Parties adopted 12 decisions, including on artisanal and small-scale mining, phasing out products containing mercury including waste, and gender mainstreaming among others, that will guide the work of the Convention in the intersessional period towards COP 5 in 2023.
  • The Law Division and the Nordic Council of Ministers organized a side event on Implementing the Sustainable Development Goals and achieving mutual benefits via cross-cluster collaboration, building on the outcomes of a project funded by the Nordic Council of Ministers. The 8 March 2022 Minamata Convention pre-COP event raised awareness on the need and ways to strengthen coordination and collaboration between biodiversity and chemicals and waste clusters. Watch a recording of the event below.

Capacity building on Multilateral Environmental Agreements advanced

  • The United Nations Information Portal on Multilateral Environmental Agreements (InforMEA) continues to enhance ‌the understanding‌ ‌of‌ ‌International‌ ‌Environmental‌ ‌Law‌ ‌(IEL) through free and self-paced courses. Two Multilateral Environmental Agreements (MEAs), the Conservation of Migratory Species (CMS) and Ozone Secretariat launched complete renovations of their courses. InforMEA also worked with the Strategic Approach to International Chemicals Management (SAICM) to host a new course on Industrial Chemicals Databases and Information Sharing, which will soon be live. A new course on Online Negotiations capturing some of the best practices and developments in virtual intergovernmental meetings since COVID-19 is available on the portal. InforMEA continues to make strides towards its goals of providing a foundational, standardized and engaging introductory course for each MEA.
  • In February 2022, UNEP’s Law Division and the Center for Governance and Sustainability at the University of Massachusetts Boston held the third phase of an online course on the implementation of MEAs. The 5-module course aimed to promoted dialogue and information sharing among national focal points and experts working on biodiversity, chemicals, and waste related conventions.
  • The course incorporated existing materials from the InforMEA learning platform and brought together 39 participants from four countries from the Southeast Asia region (Cambodia, Philippines, Vietnam, and Thailand). Participants shared experiences on effective implementation of MEAs at the national level. Original content produced for the course included video interviews with convention MEA Secretariats on best practices and challenges of implementation. The third phase was prepared building on feedback from the first and second phases, which were offered to Africa and the Middle East and North Africa regions.
  • The Youth Empowerment and Training Initiative (YETI) under Phase 3 of the programme for capacity building related to Multilateral Environmental Agreements (MEA) in African, Caribbean and Pacific (ACP) Countries (the ACP MEAs 3 programme) rolled out the European cohort in March 2022. This activity also commemorates and supports the European Union (EU) in celebrating the year 2022 as European Year of Youth. With 16 youth being trained and mentored on issues of pro-environmental change, the outcome will be a tool kit designed by the youth for use at community, national and global levels. The tool kit will be launched on 22 May 2022 coinciding with the International Day for Biological Diversity.

Multilateral Environmental Agreements and stakeholders address biodiversity and nature loss

  • The ACP MEAs 3 programme provided technical and strategic support to the negotiations during the meetings of the subsidiary bodies of the Convention on Biological Diversity (CBD), held in Geneva. The resumed sessions of the 24th meeting of the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA 24) and the 3rd meeting of the Subsidiary Body on Implementation (SBI 3) of the CBD as well as the third Meeting of the Open-ended Working Group on the Post-2020 Global Biodiversity Framework (WG2020-3) took place from 13 to 29 March 2022.
  • The ACP MEAs 3 programme worked closely with the Secretariat of and Parties to the Convention to provide support including briefing sessions to the Parties on key agenda items, inputs to discussions on synthetic biology, digital sequence information, a global multilateral benefit sharing fund, technology transfer and cooperation, capacity development, and support to the Global Environment Facility (GEF) early action grants for National Biodiversity Strategies and Action Plans (NBSAPs).
  • Representatives of the ACP MEAs 3 programme met with the Chair of the Africa Group of Negotiators (AGN) and members of the Africa delegation during the CBD meetings in Geneva to plan and consolidate support to countries in Africa in effective participation of CBD COP 15 and related meetings. A key outcome is a workstream on organizing negotiators training sessions and technical briefing sessions on key topics besides supporting the participation of delegates in the CBD events. Youth and journalists' participation will also be supported.
  • A further 5 projects funded by the African Elephant Fund have been completed. These projects were implemented in Gabon, Ghana, Kenya, Malawi, and Togo. One of the key objectives shared among all the 5 projects was the active engagement of local communities in combating poaching and in implementing appropriate and mutually beneficial strategies to mitigate human-elephant conflicts. This continues to highlight the critical role of local communities as drivers of conservation.
  • The Environment Management Group (EMG) organized the side event United Nations system commitment for catalysing collective action for nature on 24 March at the sessions of subsidiary body meetings of the Convention on Biological Diversity (CBD) (SBSTTA-24, SBI-3, and WG2020-3) in Geneva. The side event served as a first public platform to discuss the implementation of the UN Common Approach to Biodiversity and its support to the implementation of the post-2020 global biodiversity framework with negotiators and stakeholders in the CBD process. A summary of the side event will be available here.

Member States and stakeholder capacities strengthened on access to genetic resources and traditional knowledge

  • To support effective implementation of the Nagoya Protocol in the Democratic Republic of the Congo, UNEP supported a series of capacity building workshops in the three pilot provinces of Central Congo, Haut Katanga and Tshopo. The workshops convened key national stakeholders' groups including Indigenous Peoples and Local Communities (IPLCs) regarding access to genetic resources and associated traditional knowledge.
  • The capacity building workshops also focused on the principles of obtaining Prior Informed Consent and Mutually Agreed Terms, including the sharing of benefits arising from the commercial and other utilization of genetic resources. Capacity building campaigns have been rolled out, using specific training materials adapted for different stakeholder groups (IPLCs, civil society, researchers, private sector, and government entities) with relevance for Access to genetic resources and Benefit-Sharing (ABS).
  • The Democratic Republic of Congo established a national Access and Benefit-Sharing (ABS) committee comprising representatives of all major stakeholder groups relevant for ABS. The roles and responsibilities of all major ABS institutions are defined, including procedures for obtaining permits for access and export of genetic resources. In addition, The Government has developed a detailed communication strategy to raise awareness and a national strategic and action plan on ABS.
  • On 17 January 2022, Djibouti conducted workshops to raise awareness on the link between access and use of genetic resources and associated traditional knowledge, and intellectual property rights. The workshops highlighted the intellectual property implications of the Nagoya Protocol to ensure fair and equitable sharing of benefits arising from the use of genetic resources, and to prevent misappropriation of national genetic resources.
  • UNEP is supporting Djibouti’s efforts to develop a national project to strengthen its legal, policy and regulatory frameworks on ABS. With financial support from the ACP MEAs 3 programme the Law Division is supporting the capacity building and strengthening institutional frameworks to promote the implementation of the Nagoya Protocol in Eritrea, Cote d’Ivoire, Ghana, São Tomé and Príncipe and Zimbabwe.
  • Eritrea and Ghana have reviewed their national legislative, policy, regulatory and institutional frameworks while raising public awareness on the Nagoya Protocol. Eritrea and Ghana have also designated their Competent National Authority and defined their roles and responsibilities for monitoring and granting access of genetic resources under of the Nagoya Protocol. Eritrea has also appointed a National Focal Point on ABS to comply with the Nagoya Protocol obligations.

INSTITUTIONAL STRENGTHENING

Impactful actions consolidated in contributing to the Sustainable Development Goals

  • Faith for Earth, in partnership with the Yale Forum on Religion and Ecology, Parliament of the World’s Religions, and United Religions Initiative launched an interactive database ‘Faith Action on the UN Sustainable Development Goals’ Featuring 68 projects as at March 2022 by faith-based organizations, Indigenous groups, and/or, spiritual communities around the world doing work within the scope of the environmentally focused Sustainable Development Goals (SDGs).
  • UNEP led the Asia Pacific Forum on Sustainable Development SDG 15 Roundtable meeting on 29 March 2022. As noted in the Regional SDG Report 2021, the overall progress of SDG 15 on life on land is slow in Asia and the Pacific. Fewer than half of the targets are measurable, and the region is likely to achieve only one of them, on Official Development Assistance (ODA) on conservation and sustainable use of biodiversity).
  • To accelerate progress, the Roundtable discussion brought together governments, civil society, academia, the private sector, and other development partners to discuss challenges, good practices, and recommendations for nature-based action to protect, restore and promote sustainable use of terrestrial ecosystems in the region. The roundtable's recommendations will be used to inform the Asia Pacific Forum on Sustainable Development and the global High-Level Political Forum.
  • Three regional SDG profiles on Gender equality, Life below water, and Life on land, were prepared jointly by UNEP and other UN agencies as an input into the Regional High-level Political Forum on Sustainable Development that is also known as the Asia Pacific Forum on Sustainable Development (AAPFSD). Read more
  • UNEP and the United Nations Industrial Development Organization are working with Bank Rakyat Indonesia (BRI) to develop a Small and Medium sized Enterprises (SME) loan product that supports aquaculture farmers to obtain Indonesia Good Aquaculture Practice (IndoGAP) certification issued by the Ministry of Marine Affairs and Fisheries. The initial loans are to be offered in BRI branches in Lombok Island in the latter half of 2022.
  • Most aquaculture farmers on Lombok Island are using traditional farming methods and are looking to upgrade to intensive farming. The loan is an opportunity for farmers to gain financial access and modernize their business in a sustainable way.
  • The programme, Driving Public and Private Capital Towards Green and Social Investments in Indonesia developed a draft Green Catalogue for the eco-certification loan. The Green Catalogue acts as a checklist for bank branch managers with little Environmental and Social Governance (ESG) expertise to expeditiously assess whether a loan application qualifies as an SDG-linked SME loan. Read more

UN inter-agency collaboration deepened to address pollution

  • An Inter-Agency Consultative Process on a Pollution-Free Planet is working to prepare a UN system-wide approach to achieving the Implementation Plan Towards a Pollution-Free Planet. The Consultative Process with representatives of 29 UN entities held its first meeting on 15 February 2022 and will focus initially on addressing plastic pollution through a Core Working Group.
  • The Environment Management Group (EMG) report, Addressing Marine Litter and Microplastics – UN System contributions, was launched through a high-level panel discussion A UN System Response to Marine Litter and Plastic Pollution, held on 13 January 2022 in collaboration with the Geneva Beat Plastic Pollution Dialogues, GRID-Arendal and the Government of Norway. The report maps existing UN agencies, programs, initiatives, and expertise relating to marine litter; identifies synergies and opportunities for enhancing collaboration among UN entities; and facilitates coordination and joint programmatic initiatives and planning on marine litter and microplastics in the UN System. Read more
  • On 1 September 2021, the UN Senior Management Group (SMG) met to discuss ‘Multilateral Solutions to Marine Litter and Plastics Pollution’. The UN Secretary-General requested the Executive Director of UNEP to lead a working group to unite efforts across the UN system and with external stakeholders on solutions for challenges posed by plastic pollution. A Core Working Group on Plastic Pollution was established within the EMG Consultative Process to respond to the Secretary-General’s call.
  • Expected deliverables include (1) joint messages for communication and advocacy to maximize the effectiveness of communication on plastic pollution; (2) an overview of how the UN system and stakeholders provide sustainable solutions to the challenge of plastic pollution; (3) a common offer to support an inclusive and just transition towards a plastic pollution-free planet; and (4) a set of targets and indicators on internal performance of UN entities.

Advances made in promoting the sustainability of the United Nations

  • Following the endorsement of the UN Strategy for Sustainability Management in the UN system 2020-2030 by the Chief Executives Board (CEB) in November 2021, UN entities continue their collaboration to develop a monitoring, reporting and accountability framework to strengthen the implementation of the strategy. The Strategy describes how environmental and social sustainability considerations can be fully mainstreamed in the UN system and UN entities, encompassing a broader perspective of environmental and social sustainability in policies, programming, and support functions.
  • The Sustainable United Nations hosted the 38th edition of the triannual meeting of the Issue Management Group on Environmental Sustainability. The meeting was well attended by 107 environmental focal points (64 per cent female, 36 per cent male) across 54 agencies. The meeting included presentations on the future of carbon offsetting by the United Nations Framework Convention on Climate Change (UNFCCC), green ICT by the International Telecommunication Union (ITU) and United Nations International Computing Centre (UNICC), and the systematic development of a hybrid virtual meetings culture by UNEP, the Swedish Government and UNESCO.
  • The High-Level Committee on Management (HLCM) Procurement Network, with the assistance of the Sustainable United Nations project, is investigating the potential of advancing circularity in the UN’s supply chain, by request of the UN Secretary-General Senior Management Group. A proposal for three pilot categories were shared with the network as well as a review of the existing Sustainable Procurement Indicators on the United Nations Global Marketplace (UNGM). The project is expected to go into the second phase within the next months.
  • The Sustainable United Nations project has launched the 2022 cycle of its Greening the Blue survey and inventory exercise to measure the environmental impact of the UN System.

Thank you for your time!

Contact information: alvin.gachie@un.org / stephen.tengo@un.org

Disclaimer: The views expressed in this publication are those of the authors and do not necessarily reflect the views of the United Nations Environment Programme. We regret any errors or omissions that may have been unwittingly made.

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